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April 24, 2026Iconic Research and Engineering Journals0 citations

The Legal Protection Afforded to Women and Children Under International Humanitarian Law (IHL)

ABAhmed Mohammed Bachaka

Key Points

  • The article investigates the legal protections provided to women and children under International Humanitarian Law (IHL).
  • Examined the Geneva Conventions of 1949 and Additional Protocols, analyzing their provisions for women and children.
  • Explored the interaction of IHL with international human rights law and criminal law.
  • Evaluated enforcement challenges related to accountability and violations in armed conflict.
  • The legal framework offers extensive protections for women and children but implementation is limited.
  • Challenges include weak accountability and evidentiary issues, impacting the enforcement of protections.
  • Recognition of sexual violence and the recruitment of child soldiers as war crimes highlights the importance of legal frameworks.

Abstract

This article examines the legal framework governing the protection of women and children under International Humanitarian Law (IHL), focusing on the four Geneva Conventions of 1949, their Additional Protocols of 19771, and relevant rules of customary international humanitarian law. It analyses the specific protections afforded to women against rape, sexual violence, forced prostitution, and humiliating or degrading treatment, as well as the safeguards granted to children concerning recruitment into armed forces, detention, family unity, education, and survival needs. The article further explores the interaction between IHL, international human rights law, and international criminal law, particularly the recognition of sexual violence and the recruitment of child soldiers as war crimes and crimes against humanity under contemporary international criminal justice mechanisms. It also evaluates the challenges of enforcement which, includes weak accountability structures, evidentiary difficulties, and the persistence of violations in modern armed conflicts. The article concludes that although the legal regime protecting women and children under IHL is extensive and well-developed, effective implementation remains limited due to political, institutional, and operational constraints. Strengthening compliance mechanisms, enhancing international cooperation, and improving domestic incorporation of international norms are therefore essential to ensure meaningful protection for women and children during armed conflict.

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Cite This Study

Ahmed Mohammed Bachaka (2026) studied this question.

synapsesocial.com/papers/69eb0b50553a5433e34b522ahttps://doi.org/10.64388/irev9i10-1716532
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